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Landlord and Tenant (Commercial)

 

Adam Solicitors represent landlords and tenants of all types of commercial property and have wide ranging experience in dealing with problems that arise from time to time with commercial leases.

 

 Any landlords and tenants experiencing difficulties should do the following:First and foremost, tenants in financial difficulty should speak to their landlord. This may seem obvious but so many times is overlooked. It is important that early action is taken before payments are missed and the landlord’s rights against tenants in arrears become exercisable. Where the tenant is in arrears they are at the mercy of their landlord who may legally terminate the lease by exercising the usual forfeiture clause or take the tenant’s goods as payment. Landlords are under pressure to keep the tenants in properties to cover their mortgages and to avoid liability for rates. It may be possible for tenants to negotiate a variation or temporary relaxation of terms. If the tenant is unable to pay the rent in accordance with the terms of the lease, the landlord may be willing to agree payment plan. However, if you are a landlord and your tenant seeks a variation of the terms of the lease, it is essential that legal advice is sought immediately to protect your position. Without the right wording, a landlord’s future position may be prejudices by a temporary relaxation or variation of terms.

 

For landlords it is essential to seek legal advice as soon as you become aware that your tenant is in financial difficulty. Landlords have a range of remedies available to them against tenants in arrears, but they have to be exercised properly to avoid liability to the tenant for their wrongful use. Also, certain remedies may prejudice the landlord’s position. If, for example, a landlord exercises his right of forfeiture and terminates the lease, he loses the rights to future rents. Similarly, to except the keys back from the tenant may amount to an implied surrender, releasing the tenant from future liability under the lease. There are a variety of remedies available to a landlord who does not want to release the tenant from his lease obligations, such as levying distress against the tenant’s goods. Adam Solicitors also advise landlords whose tenants have become insolvent, where special rules apply. If your tenant has abandoned the property and owes you rent or other sums under the lease, you can enforce your debt by obtaining a court judgement against the tenant. If the tenant does not have money, you can take the charge against the tenant’s property to ensure you are paid your debt with interest when the tenant sells its property.

 

Adam Solicitors can provide legal assistance with:

 

♦     Business lease renewals

♦     Rent and service charge recovery

♦     Landlord and tenant disputes

♦     Boundary disputes

♦     Forfeiture and relief from forfeiture claims

♦     Disputes over the rights of way, easements, breaches of restrictive covenants, trespass, nuisance, and adverse possession.

♦     Residential possessions and recovery of rent and breach of covenant for commercial landlords

♦     Dilapidations

 



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